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June 10, 2019 Minutes

City of Buchanan Commission Minutes
June 10, 2019

The Public Hearing was called to order at 7:00 p.m. to hear public comments on the proposed Ordinance 2019.06/412 Non-Discrimination Ordinance. 

Public Comments Regarding Ordinance:
•    Sid Mohn – Representing Interfaith Action of Southwest Michigan. Commented Ordinance reflects best practices in standards for Non-Discrimination Ordinances as developed by the Michigan Department of Civil Rights, standards set by the Office of the Governor in February and is reflective of the principles of the Equality Act which was approved by the House of Representatives. Supports Ordinance on behalf of Interfaith Action.
•    Adam Burek – Representing the Buchanan Senior Center. Ordinance helps invisible members of the community.
•    Monroe Lemay – Commented on High School graduation address of Jade Jewell who mentioned kindness of community. Thanked Commisison for brining Ordinance forward.  Reflects life in City.
•    Unnamed Resident of Township - Commented on passage of Ordinance for future generations and help for senior citizens. 
•    Ann Tuece – Commented that Ordinance can be needed by anyone at any point in their lives should they become disabled.
•    Nick LaFlex- Commented upon chance to set precedence for the south county.  Sends message community is open and inclusive.
•    Ruth Writer – Expressed complete support for Ordinance.
•    Megan Goodrich - Expressed support.
•    Clerk Hess – Read email correspondence from Steve Raglin in support of Ordinance.

Hearing no further comments or receipt of any additional written comments, Toerne Moved, seconded by Weed to adjourn the pubic hearing.  Roll call vote carried unanimously.  The Mayor adjourned the public hearing at 7:11 p.m.

The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Tuesday, June 10, 2019 and was called to order at 7:12 p.m. by Mayor Moore.  The Mayor led the Pledge of Allegiance. Sid Mohn gave the Invocation.

American Legion Ralph Rumbaugh Post 51 - Service to the Community for Memorial Day Celebration – Mayor Moore recognized Marv Pruett and Larry Money representatives of the American Legion post 51 for their continued leadership for Memorial Day activities in the City, and for their general contributions to City life.  

Roll Call
Present: Mayor Moore, Commissioners Denison, Downey, Toerne and Weedon
Absent: None
Guests: Approximately 23 guests and visitors, and Mack Green of Wightman
City Staff in attendance:  Bill Marx, City Manager; Debra Patzer, City Zoning Administrator; Brenda Hess, City Clerk

Public Comments
Randall Peart – Commented about goal session minutes. Commented on cost benefit analysis and recommended City used for residents to see.

Chris Geisler – Requested not approving New Business item B regarding street chip and seal and commented on Reith-Riley as contractor.

Consent Calendar:
•    Approve Agenda
•    Approve Minutes: Regular scheduled meeting May 28, 2019
•    Approve Minutes: Work Session Meeting-DPW Building with Pearson Construction May 30, 2019
•    Approve Minutes: General Work Session Meeting June 4, 2019
•    Approve Invoices/Expenditures for June 10, 2019 in the amount of $207,306.18
•    Approve absence of Mayor Moore and Commissioner Weedon from Work Session May 30, 2019
•    Approve Budget Amendment for 2018-2019 Fiscal Year

Toerne moved, seconded by Downey to approve the Consent Calendar as written. Roll Call vote carried unanimously. 

Reports by: Departments, Committees, Boards

Unfinished Business
Consider contracts (2) with AEP for Streetlighting Replacement Plan as discussed at the May 13, 2019 City Commission Meeting – Marx followed up with AEP representative, John Biek.  Reported that AEP cannot negotiate lower prices because they are set by the Michigan Utilities Service Commission. The cost could possibly go down later by way of a tariff reduction. AEP did not have a cost for the recycling of the old lights.  The City would like an additional three new lights installed as part of this project. Toerne moved, seconded by Weedon to approve contracts (2) with AEP for Streetlighting Replacement Plan as discussed at the May 13, 2019 and May 28, 2019 City Commission Meetings. Further discussion followed motion. Commissioners commented on cost analysis, lack of end date of contract, expense of recycling of current lights, and lack of additional information and answers from AEP. Marx commented that Biek could address the Commission at next meeting. Marx reported that previous attempt by City to replace streetlights was estimated to cost $350,000.00 excluding the cost of recycling of old lights.  Downey moved, seconded by Denison to postpone making decision on motion to the following Commission meeting.  Roll call vote Yeas: Denison, Weedon, Moore, and Downey. Nays: Toerne. Roll call vote carried.

Non-Discrimination Ordinance 2019.06/412- Second Reading - Patzer reviewed Ordinance.  Added definition of “low income” from the Department of Housing and Urban Development for City’s area.  Expressed appreciation of support by guests.  Noted the word “Article” was changed to “Ordinance” in previous draft. Gave second reading of non-discrimination Ordinance.  Denison moved, seconded by Toerne to approve adoption of the Non-Discrimination Ordinance 2019.06/412. Roll call vote carried unanimously.

New Business
Consider approval of contract with Reith-Riley Construction for Redbud Trail Patch in the amount of $5,910.00. – Marx explained problem with roadway drainage southbound on Redbud from Dewey to Front Street in front of businesses on west side of road. Timing with Redbud/Fourth street paving project to help reduce price.  Will be milled and resurfaced to eliminate standing water problem. Weedon inquired regarding cost savings. Mack Green from Wightman commented cost would be approximately $1,000.00 to do this project separately from the Redbud/Fourth project.  Downey moved, seconded by Denison to approve contract with Reith-Riley Construction for the Redbud Trail Patch in the amount of $5,910.00.  Roll call vote carried unanimously. 
Consider approval of road maintenance list with the Berrien County Road Department for West Smith Street, Chippewa Street, and Arctic Street in the amount of $32,365.00 – Marx commented on grant approval which will not be received until fiscal year of 2020 from the State which begins in October.  City should not work on roads from grant.  These roads are next on the list, but not part of the grant.  Chip and seal will be applied to these roads; excess stones need to be removed quickly; provides longer life to failing roads in neighborhoods. Complete roads soon so warmth of summer can “cure” the surfacing which increases life cycle of road. Commission comments included inquiry into “fog sealing” which seals gravel, concern with loose stones and prices. Green responded to questions.  Marx to gather additional information regarding “fogging” to present at next meeting. Expressed desire to get on County schedule quickly as to not have to wait until next season.  Downey moved, seconded by Weedon to table the approval the road maintenance list with the Berrien County Road Department for West Smith Street, Chippewa Street, and Arctic Street in the amount of $32,365 for discussion at the June 24th, 2019 Commission Meeting.  Roll call vote carried unanimously.

Public Comment
•    Larry Money – Commented on cemetery condition for Memorial Day. Thanked City staff for help.  Support for repaving of Redbud.
•    Pam Sten – Expressed support for road work on Fourth and on Chippewa Street.  Expressed appreciation for video and brochure in Chambers.  Requested more agendas.  Commented on Tin Shop show. 
•    Randall Peart – Commented on chip and seal and pothole repair prior to application.  Commented on Manager comments include “surprise” expenses. 
•    Megan Goodrich – Explained One Month at a Time menstrual supply drive and event Saturday June 22 from Noon until 4. People can donate through Gateway Community Foundation.  One Buchanan has social hour June 13th and this month’s theme is Pride Q and A. 

City Manager Comments
Reported AEP will be working on power to new lights at Fourth and Redbud. Plan to be completed by 28th of June. Encouraged residents to sign up for Community Wide Yard Sale on June 21st and 22nd as to get name and address on map.  Received proposal from resident to purchase lot at 1102 Victory Street. City Attorney advised posting property for 30 days to possibly obtain other bids/offers. Property originally purchased by City in anticipation of building dog park, but park has been located elsewhere.  Dension moved, seconded by Downey to post property located at 1102 Victory Street for sale.  Roll call vote carried unanimously

Commissioners’ Comments
Weedon - Commented on Ordinance and thanked people at meeting for support of Ordinance.  
Toerne - Planning Commission not meeting in June.  Landfill approved 2-year contract with Reliable.  Thanked City workers for cleaning up fallen tree.
Downey - Commented on fixed concrete barrier repair around trees on Oak Street. Commented on speed sign on Front Street hill. 
Denison – Encouraged fee wave for Community Wide Garage Sales.  Congratulated Hannah Roberts who will be representing America at the Pan-American Games.  Commented on Miss Jewell’s commencement speech at High School Graduation and read excerpt.
Moore – Thanked Legion for citizenship and Patriotism. Congratulated Buckteens and commented on event bringing people back into town. Commented about restaurants/businesses not reaching visitors. Thanked City crews for hard work. Expressed appreciation to residents for support of Ordinances and public input.

Closed Session  
Toerne moved, seconded by Downey to move into closed session under MCL15.268(d) closed session; permissible purposes section 8. To consider material exempt from discussion or disclosure by state statute.  Consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. Roll call vote carried unanimously. Moved to closed session at 8:29 p.m.

Toerne departed closed session at 8:53 p.m. due to a work obligation. The Mayor reconvened the meeting at 9:10 p.m.

Downey moved, seconded by Weedon to approve Resolution 2019.06/150 to purchase the 3.46-acre property located at 111 Railroad Street Tax ID#11-58-150089-03-3 in the amount of $12,794.99 plus 2019 property taxes. Yeas: Moore, Downey, Weedon, Denison. Absent: Toerne. Roll call vote carried.

Weedon moved, seconded by Denison to adjourn the meeting.  Voice vote carried unanimously. Mayor Moore adjourned the meeting at 9:12 p.m.

_______________________________                _____________________________    
Mayor Patricia A. Moore DPM                   City Clerk Brenda J. Hess

This meeting was recorded and may be viewed on Comcast Channel 17 and YouTube.

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